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Patna High CourtCR. MISC./38299/2015bail granted

Ramdhari Singh @ Ramdhari Mahto And ORS. v. State Of Bihar And ANR

2015-09-24Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38299 of 2015 Arising Out of PS.Case No. -1522 Year- 2014 Thana -BUXAR COMPLAINT CASE DistrictBUXAR ======================================================

1. Ramdhari Singh @ Ramdhari Mahto, Son of Late Ramasharya Singh, null

2. Shanti Devi, wife of Sri Ramdhari Singh &

3. Jai Prakash Singh, son of Sri Ramdhari Singh all are R/O- Vill- Krant, P.S- Brhampur, Distt- Buxar, .... .... Petitioner/s

Versus

1. The State of Bihar,

2. Mosmat Kusum Devi, W/O- Late Triloki Prasad, R/O- Vill- Krant, P.SBrhampur, Distt- Buxar, .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kritya Nand Jha For the Opposite Party/s : Mr. P.N.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-09-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a complaint case filed with accusation under Sections 457,461 and 380 of the Indian Penal Code wherein process has been directed to be issued after cognizance being taken.

The prosecution case is that the complainant being a war widow, while residing at her parents' house after the death of her husband, the petitioner no. 1 being step brother whereas petitioner nos. 2 and 3 being wife and son of petitioner no. 1 demolished the partition wall, entered into the house of the complainant, robbed

Patna High Court Cr.Misc. No.38299 of 2015 (2) dt.24-09-2015 2/2 the house hold articles and ousted the complainant from the house.

It is submitted by the learned counsel for the petitioners that for the dispute with regard to the share in the house the accusation has been levelled. The accusation is omnibus and general. More over, the accusation has been ventilated through complaint.

Considering the nature of relationship between the petitioners and the complainant and the nature of accusation, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Buxar in connection with Complaint Case No. 1522C of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T